At 6 foot 4, clad in a black leather bandana and vest, Ray “Nite Train” Hoskinson dresses as if he could be one of those fearsome bikers in a Hollywood movie.

“The biking culture receives a lot of stereotypes,” said Hoskinson, a Vietnam veteran whose moniker is crafted after the 2006 Harley-Davidson Night Train he rides. “All bikers are not troublemakers, just like not all Muslims are terrorists.”

And state Rep. Joe Miklosi agrees. He is proposing legislation that adds “unconventional attire” to the list of prohibited forms of discrimination in public establishments — potentially angering law enforcement officials and private business owners and opening himself to criticism that he’s merely playing politics.

Miklosi said that often motorcycle clubs are unfairly discriminated against for donning apparel such as jackets with patches — also known as colors — that show allegiance.

“It’s a misuse of law that is not treating our citizens, who many of which are veterans of war, properly,” said Miklosi, a Denver Democrat who is vying to unseat two-term Republican U.S. Rep. Mike Coffman of Aurora in the 6th Congressional District. “As I’ve talked to motorcycle-club members, I’ve learned about the passion and diversity of these groups. No matter what club you’re in, you should be treated fairly and without discrimination.”

Under current federal and state law, discrimination in public accommodations is prohibited on the basis of disability, race, creed and sex, among other things.

Yet private establishments in Colorado can post signs that bar certain dress — such as the wearing of colors — and deny service to patrons who do not abide by this request.

The bill, said Miklosi, would not cover all unusual dress, just clothing that indicates participation in motorcycling or status as a veteran.

Coffman is a military veteran, and some see Miklosi as trying to target that demographic voter with the proposed legislation.

“When you’re running for Congress, almost anything you do can be considered posturing,” said political analyst Eric Sondermann. “Coffman certainly postures, and he trades heavily on his military service, so it’s understandable and predictable that anyone challenging him would try to nibble away at that support. But it’s doubtful that people are going to buy that bikers are our newest victimized class.”

Mark Silverstein, legal director of the American Civil Liberties Union of Colorado, said “if a business is going to open itself to the public, then any member of the community should enjoy an equal opportunity to patronize that business.”

“Unless there’s a rational reason that suggests that person should be excluded, I don’t see the problem,” Silverstein said.

Miklosi said the issue was brought to his attention last fall by Hoskinson, a member of the Veterans of Vietnam America Motorcycle Club.

More than 50 motorcycle clubs are in Colorado, and Hoskinson estimated that about 80 percent of members are veterans.

“There’s vets who have given to the country, and there’s actually some people that don’t allow us to come into malls or restaurants just because they don’t like what we’re wearing,” said Hoskinson, who is scheduled to testify today before the House State, Veterans & Military Affairs Committee, where the bill will be heard. “It’s a First Amendment right to wear it.”

Hoskinson said he’s never been discriminated against but that a handful of members of his club have.

Similar legislation that prohibits discrimination based on “unconventional attire” — deemed as dress that indicates participation in motorcycling or membership in a motorcycling organization — has been proposed in other states.

Miklosi, the bill’s lone sponsor, said the main opponent to his legislation is law enforcement.

Arapahoe County Sheriff Grayson Robinson opposes the bill for the unintended consequences that surround it.

“Say an individual is wearing clothing that indicates they’re opposed to a certain group. There could be serious trouble if they walk into an establishment,” Robinson said.

Hoskinson agreed that some motorcycle clubs do wear apparel that could cause trouble but said the majority are not like that.

“We’re just trying to spend our money like everyone else,” Hoskinson said. “If someone is somewhere causing trouble, then kick them out. Don’t discriminate against them and just not allow them inside.”

A native of Colorado, Kurtis Lee was a politics reporter for The Denver Post from February 2011 until July 2014. He graduated cum laude from Temple University in 2009 with a degree in journalism and political science. He previously worked as an online writer in Washington, D.C., for the PBS NewsHour.

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